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United Daily News / Reporter Huang Fuqi / Banqiao Report】 2010.02.21 02:51 am
A paint company in Yingge Town, out of consideration for a retired employee who suffered a stroke and was facing financial difficulties, rehired him as a security guard and arranged for a special occupational health check-up. The health check report was mailed to the Taipei County Health Bureau for filing the day after it was issued. However, the Health Bureau deemed that mailing the report did not comply with the online reporting requirement under the "Taipei County Occupational Disease Reporting and Handling Guidelines" and imposed a fine of NT$5,000. The paint company lamented that it was hard to do good deeds, paid the fine, and then filed an appeal.
Last month, the Taipei County Appeals Committee reviewed the case and ruled that the guidelines were merely "administrative rules for expedient measures" and could not serve as the basis for penalties. Moreover, the paint company had mailed the report to the authorities the day after it was issued, which complied with the seven-day reporting requirement stipulated in the local regulations. The committee thus decided to overturn the Health Bureau's penalty.
The Appeals Committee stated that "online reporting" was originally intended as a convenience measure. If the public is unaware of this measure but fulfills legal requirements through other means, the authorities cannot penalize them. It's akin to the government providing bus services, but if citizens choose to walk and arrive within the legal timeframe, they cannot be penalized for walking.
Lin Guoning, head of the Health Bureau’s Disease Control Division, said that the Occupational Disease Reporting Penalty Local Regulations and Guidelines were announced and implemented in June 2005. Since then, penalties have been imposed 10 times, with only the paint company filing an appeal on the grounds that it had "mailed the report within seven days." The other cases did not raise objections. Since the Appeals Committee overturned the original penalty, the Health Bureau will refund the fine paid by the paint company and handle similar cases accordingly in the future.
The paint company stated that a 72-year-old retired employee, surnamed Zhang, was rehired as a security guard to support his family. However, Zhang suffered a stroke at the end of 2008. The company advised him to rest at home, but when he refused, they decided to rehire him for another year. Last year, the company arranged for a special occupational health check-up at Min-Sheng General Hospital in Taoyuan.
On May 26 last year, the company received the health check report and mailed it to the Taipei County Health Bureau the next day. However, on June 5, the company received an official notice from the Health Bureau stating that it had "failed to report the occupational health check results as required" and was fined. The paint company promptly completed the online reporting on June 8 and went to the Health Bureau on June 10 to explain, but to no avail. The company then filed an appeal and was vindicated.
Source: http://udn. com/ NEWS/ HEALTH/ HEA1/ 5430239. shtml
Mailed Health Report Fined, Appeal Overturned
A paint company in Yingge Town, out of consideration for a retired employee who suffered a stroke and was facing financial difficulties, rehired him as a security guard and arranged for a special occupational health check-up. The health check report was mailed to the Taipei County Health Bureau for filing the day after it was issued. However, the Health Bureau deemed that mailing the report did not comply with the online reporting requirement under the "Taipei County Occupational Disease Reporting and Handling Guidelines" and imposed a fine of NT$5,000. The paint company lamented that it was hard to do good deeds, paid the fine, and then filed an appeal.
Last month, the Taipei County Appeals Committee reviewed the case and ruled that the guidelines were merely "administrative rules for expedient measures" and could not serve as the basis for penalties. Moreover, the paint company had mailed the report to the authorities the day after it was issued, which complied with the seven-day reporting requirement stipulated in the local regulations. The committee thus decided to overturn the Health Bureau's penalty.
The Appeals Committee stated that "online reporting" was originally intended as a convenience measure. If the public is unaware of this measure but fulfills legal requirements through other means, the authorities cannot penalize them. It's akin to the government providing bus services, but if citizens choose to walk and arrive within the legal timeframe, they cannot be penalized for walking.
Lin Guoning, head of the Health Bureau’s Disease Control Division, said that the Occupational Disease Reporting Penalty Local Regulations and Guidelines were announced and implemented in June 2005. Since then, penalties have been imposed 10 times, with only the paint company filing an appeal on the grounds that it had "mailed the report within seven days." The other cases did not raise objections. Since the Appeals Committee overturned the original penalty, the Health Bureau will refund the fine paid by the paint company and handle similar cases accordingly in the future.
The paint company stated that a 72-year-old retired employee, surnamed Zhang, was rehired as a security guard to support his family. However, Zhang suffered a stroke at the end of 2008. The company advised him to rest at home, but when he refused, they decided to rehire him for another year. Last year, the company arranged for a special occupational health check-up at Min-Sheng General Hospital in Taoyuan.
On May 26 last year, the company received the health check report and mailed it to the Taipei County Health Bureau the next day. However, on June 5, the company received an official notice from the Health Bureau stating that it had "failed to report the occupational health check results as required" and was fined. The paint company promptly completed the online reporting on June 8 and went to the Health Bureau on June 10 to explain, but to no avail. The company then filed an appeal and was vindicated.
Source: http://udn. com/ NEWS/ HEALTH/ HEA1/ 5430239. shtml